173419P.pdf   06/03/2019  Eric Thurairajah  v.  Bill Hollenbeck
   U.S. Court of Appeals Case No:  17-3419
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Smith, Author, with Wollman and Grasz, Circuit Judges] 
   Civil case - Civil rights. Plaintiff's action in shouting a two-word 
   profanity at a passing state trooper, while possibly offensive, did not 
   constitute an unreasonable or excessive noise and did not provide probable 
   cause for plaintiff's arrest; plaintiff's right to be free from 
   unreasonable seizures was clearly established at the time of his arrest, 
   and his warrantless arrest,unsupported by probable cause, violated his 
   Fourth Amendment rights; as a result, the district court did not err in 
   denying the trooper's motion for summary judgment based on qualified 
   immunity; nor did the court err in denying the trooper summary judgment on 
   plaintiff's claim that his speech was protected First Amendment speech 
   which should have been free from retaliatory government action.